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Orange County Coastal Regional Sediment Management Plan APPENDIX C – RELEVANT LAWS AND REGULATIONS Everest International Consultants, Inc. C.1
Orange County Coastal Regional Sediment Management Plan APPENDIX C – RELEVANT LAWS AND REGULATIONS Federal and state environmental requirements relevant to RSM activities are briefly reviewed below. These regulations form the basis for environmental impact evaluations pursuant to the CEQA and NEPA and permitting of RSM projects. Additional local permits or variances to local ordinances may be required, but are not reviewed herein. Project applicants should review project-specific descriptions with appropriate agencies to confirm or identify appropriate permit requirements early in the environmental review process. Federal Environmental Regulations Clean Air Act of 1970, as Amended in 1990 The primary objective of the Clean Air Act is to establish federal standards for air pollutants from stationary and mobile sources and to work with states to regulate polluting emissions. The program is designed to improve air quality in areas that do not meet federal ambient air quality standards (non-attainment areas), and prevent deterioration of air quality in areas where federal standards may exceed short-term standards. The Clean Air Act includes a permitting program for construction and operation of stationary sources of hazardous air pollutants and related activities known as the Title V Operating Permit Program. The California Air Resources Board through various local authorities, such as the South Coast Air Quality Management District implements this program. As related to beach restoration projects, a Title V Operating Permit might be required for the operation of certain construction equipment (e.g., diesel-powered hydraulic dredge). Clean Water Act of 1972 The Clean Water Act was established to restore and maintain the chemical, physical, and biological integrity of the nation’s waters. Specific sections concern different aspects of protecting waters and water quality. Section 401 applies to dredging and disposal activities, and requires certification by the regional water quality control board or equivalent that the permitted project complies with State Water Quality Standards, and would not cause concentrations of chemicals in the water column to exceed these standards. Section 401 of the Clean Water Act requires a water quality certification for issuance of a 404 permit (33 United States Code 1344). Section 404(b)(1) guidelines require that dredging and disposal activities should have no unacceptable adverse impacts. USACE issues 404 permits for the dredging and disposal of materials within the waters of the United States (dredging without aquatic or wetland disposal does not require a 404 permit or evaluation). A permit application must include an evaluation of the impacts on the affected resources, including, but not limited to: physical and chemical characteristics of the aquatic ecosystem, biological characteristics of the aquatic ecosystem, specific designated sites, where applicable and human use characteristics. Sediments are evaluated by the Inland Testing Manual (USEPA and USACE, 1998). USACE prepares Everest International Consultants, Inc. C.2
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EVEREST June, 2013 - California Department of Boating and ...

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